The Occupation of Justice presents the first comprehensive discussion of the Supreme Court of Israel's decisions on petitions challenging policies and actions of the authorities in the West Bank and Gaza since their occupation during the 1967 Six-Day War. Kretzmer addresses issues including: the basis for the Court's jurisdiction; application and interpretation of the international law of belligerent occupation; the legality of civilian settlements and highway construction; and security measures such as curfews, deportations and housing demolitions. While pertaining to a specific political and legal context, this case study has broader implications regarding how courts in democratic countries act in times of conflict and crisis. It shows that at such times domestic courts tend to close ranks with the executive branch against those elements that are perceived as external threats to society.

Preface

Introduction

PART I

1. JURISDICTION, JUSTICIABILITY, AND SUBSTANTIVE NORMS

2. APPLICATION OF INTERNATIONAL LAW

3. INTERPRETING GENEVA CONVENTION IV

4. THE BENEVOLENT OCCUPANT

PART II

5. CIVILIAN SETTLEMENTS AND DEVELOPMENT PROJECTS

6. RESIDENCY AND FAMILY UNIFICATION

PART III

7. SECURITY POWERS: BASIC ISSUES

8. LIBERTY AND SECURITY OF THE PERSON

9. HOUSE DEMOLITIONS

10. DEPORTATIONS

Conclusions

Notes

Select Bibliography

Index